In the late 1980s I interviewed “Danny”, a gang member convicted of first degree murder. He told me that he and his accomplice had been trying to settle a dispute with a speed dealer in a small Ontario city. They had gone over to the dealer’s home to sort things out, thinking that although the man was an unpredictable and potentially dangerous person, they had a prior relationship with him and might be able to talk through the disagreement.
It didn’t work out the way they had planned. The two of them had been drinking prior to arrival and had also taken some PCP (not exactly the kind of preparation one would expect for diplomacy). And their host wasn’t willing to debate at all. He pulled a gun the minute they walked in the door, and within a matter of seconds the speed dealer and his accomplice inside were dead, along with a woman in the home who was connected to the two – all three shot and/or stabbed to death, left for police to find — a remarkably bloody scene. Danny and the other gang member were arrested three years later, after information made its way to police from a frightened woman. They were convicted of first degree murder.
What I recall most vividly from the prison interview is what the gang meant to Danny. He said that he found a kind of family with the gang; these were guys he was comfortable with, they were comfortable with him; they weren’t phony, like the people he had to deal with in school or at work. For the first time in his life there was a sense of belonging. I also recall his description of the aftermath of the crime. He and his partner cleaned themselves up, and smoked a few joints to try to calm down; they just couldn’t get to sleep — for months he woke up with nightmares about the killings.
Gangs have been with us forever: alienated and disenfranchised young men finding a common bond in lawlessness, using crime as a lever for the creation of material wealth. Recall Daniel Day Lewis in Gangs of New York, a reasonably accurate depiction of gang violence in New York City in the 1860s – and then fast forward to the streets of Vancouver, where there has been almost a shooting a day for the past two weeks.
The late 1960s and early 1970s provided new opportunities for those involved in gangs and organized crime. The drugs of the third world arrived on the doorstep of the first world; the new availability of global travel had brought North Americans into contact with cannabis and hashish in such places as India, Lebanon and Thailand, cocaine in Colombia and Bolivia, and opium and heroin in Southeast Asia. And some intrepid travellers brought these third world drugs into North America and Western Europe. Although marijuana, cocaine and heroin have been illegal since the early 20th century, there was little traffic in Canada or the United States until the late 60s and early 70s.
And for the last 30 years we have continued to use criminal prohibition as our primary response to distribution and possession of these drugs. Unfortunately, prohibition hands the responsibility for product quality and price over to the gangs, providing them with lucrative and guaranteed profitability. It is entirely fair to say, given this backdrop, that our policies serve to line the pockets of often thuggish drug dealers.
It must also be said, however, that each legal or illegal drug is different, carrying its own risks and potential harms. The greatest irony of our current reality is that individuals are now being shot to death over the trade in cannabis, but it is almost impossible to die from consumption of the drug itself. Ironically, we attach moral condemnation to the consumption and distribution of cannabis, but not to tobacco, a drug with a greater addictive potential, more negative health consequences and unparalleled morbidity.
There is a very real sense in which we go through life with cultural blinders, unable to see the bizarre social constructions that previous generations have created. A good part of a more effective response to gangs would be to remove financially rewarding forms of commerce from their control – and starting with cannabis would be a good place to begin, if there was any political will to do so.
But it will not be enough to change our approach to drugs that are currently illegal. There are some drugs – crack and crystal meth – that are difficult to see as commodities that are capable of any form of regulation, and there remain many other potentially viable means of commerce for gangs and organized crime: identity theft, fraud, human trafficking, and cybercrime are some of the more prominent possibilities. Put differently, we have to recognize that while the regulation of some currently illegal drugs might put a huge dent into the businesses that gangs conduct, that alone cannot solve the problems that we face.
This takes us to the present, and the federal government’s response to gang violence, particularly the recent spate of killings in the city of Vancouver. For some the proposed legislation might seem impressive: a new category of first degree murder for any killing by a gang member, a new mandatory minimum for drive by shootings, and some new minimum penalties for illegal drug distribution.
But put yourself in the position of a gang member on the streets of Vancouver. He is already carrying a handgun and willing to use it on his adversaries; he is already willing to kill and to risk being killed. He’s not at all involved in any consideration of the severe penalties for his crimes, already set out in the Criminal Code. Further, mandatory minimum terms for illegal drug distribution merely increase the costs – and profits — of doing business, costs that will be passed onto consumers in the form of higher prices, and onto gang members in the form of greater profits.
The new legislation will also provide much grist for lawyers and the legal profession. When is an individual properly classified in law as a gang member? What are the constituent elements of a drive-by shooting? What kind of intent is required for conviction for a first degree gang killing? These questions will almost certainly occupy the time of crown counsel, defence counsel, and the judiciary. And there is no evidence that making sentences more severe will provide us with a greater social safety; this should be, after all, the goal of any action that we take.
The keys to success in responding to gang violence have nothing to do with changing penalties, and everything to do with more effective enforcement, and more effective prevention. It’s easy for politicians to change penalties; this has been the dominant response to criminal justice controversies to date. The politician appeases the fear and anger of the citizen by proposing a new penalty, even when existing penalties are already entirely adequate for the task at hand.
If we really want to make a difference to gang violence we need to focus on providing law enforcement with more resources and more effective tools. An important part of this might well be the creation of a regional police force, a body that by its very existence recognizes that crime does not stay neatly within particular jurisdictions. After all, those committing crime do not respect jurisdictional boundaries; it’s important for those who want to control crime to similarly move beyond their individual silos.
The Lower Mainland of British Columbia is the last of Canada’s three major urban areas to move to a regional force. The opposition to date seems to come from some quarters of the RCMP and some city mayors, both apparently concerned about ceding territory and autonomy. Such concerns have major costs attached, however – reduced efficiencies in service and less effective crime control.
And equally, if not more important, in a “big picture” scenario, we need to consider prevention – to address young men at risk, those like Danny, who in the late 1970s saw the gang as an answer to his alienation from the mainstream. The U.S. Justice Department’s Office of Juvenile Justice and Delinquency Prevention has developed a best practices model for addressing existing or emerging youth gang problems, focusing on a strategic planning process for communities with problems, empowering these communities to address a full range of anti-gang programs and activities. There is a wealth of literature on the range of possibilities, and a clear indication that what works in one community may be quite different from what works in another; it can often be former gang members who are the most critical catalysts for change.
At the end of the day, however, putting money into both enforcement and prevention emerges as critical. Key individuals need to be arrested, and key interventions need to be developed for those involved, or at the periphery of gang violence. It’s enforcement and prevention that will ultimately matter, not the enactment of virtually meaningless changes to existing penalty provisions.
(Reprinted from The Globe and Mail)